A cease and desist letter was sent to USD 231 regarding the district’s COVID mask and vaccination requirements, according to the Kansas City Star. An e mail sent to the district requesting confirmation was not answered, altho Ben Boothe, district communications confirmed to the Star the letter had been received and no comment would be made as it had been sent to the district lawyer.
According to the letter from the Krieghauser Ney Law Group, “This letter provides notice to the district of these violations of law and any ongoing enforcement of the COVID protocols in this manner will be considered evidence of willful illegal conduct imposed against students under color of state law, thereby possibly implicating 42 U.S.C. 1983 and other statutes. We demand you CEASE AND DESIST from all such conduct and amend your protocols and the enforcement thereof to ensure all students, regardless of medical or vaccination status, receive a quality education in a nondiscriminatory and lawful manner. Deadline for response was Sept. 10, 2021.
The letter advises that the district is at risk of violating public health protocols and says:
“ These include at least four areas of immediate concern; specifically, the COVID protocols currently: 1) illegally distinguish between vaccinated and unvaccinated students in violation of 2021 Senate Bill 159 (“SB 159”); 2) illegally discriminate against students with medical disability exemptions in violation of federal and state anti-discrimination laws; 3) allow for discriminatory and subjective harassment of particular students based on “proper mask wearing” techniques; and 4) allow district employees to issue quarantine “directives” to students and families without legal basis under K.S.A. 65-129b. “